TennisNoob

So since today was my first time ever throwing up on a domestic United flight due to a poor take-off and poor landing, does that mean I get to sue UA for 85k? Or I should wait 2 years

Really getting sick and tired of these random lawsuits after the Dr's dragging event.

clubord

Out of curiosity, what constitutes a poor takeoff?

garykung

Common Carrier Strict Liability

Under this theory - UA is liable regardless of faults, as soon as its hard landing resulted the injury claimed.

The problem is - the plaintiff has to claim the nexus between UA's hard landing and the claimed disability.

cmdinnyc

The statue of limitations is probably up after 2 years. It's not unusual to wait if there are serious injuries to see how the recovery goes before pursuing a lawsuit like this. Depending on the path the recovery takes, you'll want to include all relevant medical bills plus to understand what kind of long term limitations or pain you will have to endure.

No idea if it's frivolous, but waiting is irrelevant to that question.

garykung

Simply because a person filed a lawsuit after 2 years, it DOES not make the lawsuit frivolous.

FWIW - the lawsuit can be a result of failed settlement negotiation.

Not everyone's experience was the same.

I believe you have a major misunderstanding about disability.

Disability, in plain language, is an impairment due to illness or injury. Disability does not necessary mean impairment in daily activities per se. For example, if a person has lost his/her pinky, that person is permanently disabled. However, it does not mean that person's life is being affected by the loss of the pinky.

Also - a low demand usually indicates the disability is relatively minor (and yet permanent).

It is exactly the case. Without linking this incident to a contract, the statute of limitation (personal injury) runs out in 2 years. 4 years if linked as a contractual obligation.

Also yes - a court of law usually requires a case must be tried within 1 year of the initial filing unless extension is given.

TennisNoob

IMO the guy used his rudder left and right at least 8 times. That's horrible.

You should be able to control the wind without using your rudder left and right that many times.

cbn42

I don't think there is any broadly applicable rule, but it would definitely raise red flags. During jury selection, I have been asked if I buy the defendant's products, how often, what I think of them, etc., and I have seen people who demonstrate an attachment to the company's products be dismissed.

Baze

Do you have any kind of pilot/commercial pilot training to make that kind of a call?

clubord

Ok Maverick

Giggleswick

All true, but the post that I originally responded to had the prospective juror being successfully challenged for cause based solely on answering "yes" to the question "Do you have status on United?" with no further questioning. I'm not a litigator, but that answer, in itself, doesn't sound to me like enough to constitute cause to dismiss. And a prudent attorney might very likely want more information before using up a peremptory on that juror.

TennisNoob

I don't but I think i've flown enough to be able to judge it. Also I have played FSX for sometime so it helps better understand the situations.

Imagine someone swerving 8 times when going from 0-150mph. Most I've ever felt was 3-4 times using the rudder but this was a SLAM right, SLAM left situation.

LarryJ

With a very strong and/or gusty crosswind the amount of rudder deflection is constantly changing as you accelerate and the flight controls become more effective.

halls120

That's all we need to know, thanks.

LondonElite

Having been at the controls of a real airplane (Cessna, Piper) on many occasions, I can tell you that FSX is nothing like the real thing. You get a feel for these things that a video game cannot give you.

weero

What? I only experienced a few hundred and they were mostly smooth.

Had a few super rough ones with TG, UA, and NZ though.